Answer

Form

A1

Private Housing

A2

Mobile Home Lot Rental

A3

Section 8 Certificates and Vouchers

A4

HUD Subsidized Projects

A4X

HUD Care Programs

A5

Moderate Rehabilitation Projects

A5X

HUD HOME Investment

Partnerships Program

A6

Project Based Certificate Projects

A6X

IRS

Low-Income Housing Tax Credit

A7

Rural Housing Service Projects

A7X

Rural Housing Service Receiving HUD Subsidies

A8

Public Housing

Summary

Private landlord-tenant; post mortgage foreclosure;

post contract for deed cancellation;

NOT for mobile home parks, subsidized or public housing

Tenant owns mobile home and rents lot from park

Tenant obtains subsidy from public housing authority (PHA) § 8 office and finds private housing which PHA subsidizes. Subsidy stays with the tenant unless terminated by PHA. Tenant pays about 30% of income for rent.

Subsidy stays with private landlord. Tenant pays about 30% of income for rent.

Subsidy stays with private landlord. Tenant pays about 30% of income for rent.

Subsidy stays with private landlord. Tenant applies with public housing authority (PHA). Tenant pays about 30% of income for rent.

Subsidy stays with private landlord. Tenant pays about 30% of income for rent.

Subsidy stays with private landlord. Tenant applies with public housing authority (PHA). Tenant pays about 30% of income for rent.

Subsidy stays with private landlord.

Tenant pays reduce rent.

If combined with HUD subsidy, tenant pays about 30% of income for rent.

Outside the Twin Cities. Subsidy stays with private landlord. Tenant pays about 30% of income for rent.

Outside the Twin Cities. Subsidy stays with private landlord. Tenant pays about 30% of income for rent.

Subsidy stays with public housing authority (PHA), which is the landlord. Tenant pays about 30% of income for rent.

Authority

Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

Minn. Stat. Chs. 327C, 504B; Minn. Gen. R. Prac. 600 et. seq.

42 U.S.C. §§1437f; 24 C.F.R. Parts 982, 5, 8, 100; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

42 U.S.C. §§1437f; Various regulations; HUD Handbook 4350.3; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

24 C.F.R. Parts 574, 578, 582, and 583; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

24 C.F.R. Parts 882, 5, 8, 100; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

24 C.F.R. Part 92; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

24 C.F.R. Parts 983, 5, 8, 100; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

26 U.S.C. A. § 42 (h)(6)(E)(ii)(I); Rev. Rul. 2004-82, at A-5, 2004-35 I.R.B.350; Rev. Procedure 2005-37 (June 21, 2005)

7 C.F.R. Part 3560; HB-2-3560; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

7 C.F.R. Part 3560; HB-2-3560; 24 C.F.R. Part 884; HUD Handbook No. 4350.3, ¶1-2; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

42 U.S.C. §1437d; 24 C.F.R. Parts 966, 965, 5, 8, 100; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.

Service

See answer form for list.

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Preconditions

See answer form for list.

Same as A1

Plaintiff must give the eviction notice and/or the court papers to the PHA.

Same as A1

Same as A1

Some leases require Plaintiff to give the eviction notice and/or the court papers to the housing authority.

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Notice before filing the action

14-day notice required for rent cases.

No notice required in breach cases unless in the lease.

Notice required to terminate month to month lease, and to terminate tenancy following mortgage foreclosure or contract for deed cancellation.

Under CARES Act, 30-day notice required rent and breach cases for properties with federally backed mortgages.

Some cities have further notice requirements.

Notice required in all cases.

14-day notice required for rent cases.

Some cities have further notice requirements.

Before the CARES Act, no notice before filing UD (unless required by lease) under federal law, but possibly required under state law where alleging a business of economic reason.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases. Tenant has right to correct problem. Landlord must give a warning notice before the termination notice.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases. Tenant has right to correct problem. Landlord must give a warning notice before the termination notice.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.

Cause

Cause not required to terminate month to month lease, and to terminate tenancy following mortgage foreclosure or contract for deed cancellation.

Cause required in all cases

Cause required except at lease expiration, but lease might require cause in call cases

Cause required in all cases

Cause required in all cases

Cause required in all cases

Cause required in all cases

Cause required in all cases

Cause required in all cases

Cause required in all cases

Cause required in all cases

Cause required in all cases

Pre-UD meetings or hearings

Not required unless in the lease.

Same as A1

Same as A1

Informal meeting

Termination review.

Informal meeting

Same as A1

Same as A1

Same as A1

Same as A1

Informal meeting

Informal meeting and formal hearing, except for criminal activity or drug-related criminal activity

Waiver of breach or notice by acceptance of rent

At common law, unless negated by nonwaiver clause in lease.

Statutory provision

Same as A1, except the housing subsidy is not considered rent.

Same as A1, except the housing subsidy is not considered rent.

Same as A1, except the housing subsidy is not considered rent.

Same as A1, except the housing subsidy is not considered rent.

Same as A1, except the housing subsidy is not considered rent.

Same as A1, except the housing subsidy is not considered rent.

Same as A1, except the housing subsidy is not considered rent.

Same as A1, except the housing subsidy is not considered rent.

Same as A1, except the housing subsidy is not considered rent.

Same as A1

Rent

No controls on rent amount, but rent increases may not be retaliatory.

Reasonable rents, with rent increase limitations

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.

Habitability defense to rent claims

Habitability statute.

Additional statute

Federal housing code and PHA inspects

Additional regulation

Additional regulation

Federal housing code and PHA inspects

Additional regulation

Federal housing code and PHA inspects

Same as A1

Additional regulation

Additional regulation

Additional regulation

Late fees

Must be in lease, and no more than 8% of unpaid amount.

Same as A1, and must be reasonable

Same as A1

Same as A1, and not cause for eviction

Same as A1

Same as A1

Same as A1, and not cause for eviction

Same as A1

Same as A1

Same as A1, and not cause for eviction

Same as A1, and not cause for eviction

Same as A1

Disabilities

Fair Housing Act and state discrimination statute require reasonable accommodation

Same as A1

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Same as A1, plus Rehabilitation Act.

Unlawful or criminal activity

State statute

Same as A1

State and Federal Law with different requirements

State and Federal Law with different requirements

Same as A1

State and Federal Law with different requirements

Same as A1

State and Federal Law with different requirements

Same as A1

State and Federal Law with different requirements

State and Federal Law with different requirements

State and Federal Law with different requirements

Domestic Violence

State law

Same as A1

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Stave Law and Violence Against Woman Act

Writ

Stay for up to 7days for hardship.

Same as A1, but stay for 60 days for sale of home

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Other procedural and substantive defenses

See answer form for list.

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Remedies

See answer form for list.

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1

Same as A1